In the July 1999 issue of this journal (EJ 591 141) Philip T. K. Daniel and Kyle Edward Timken contend that the Fifth Circuit "Hopwood" decision overstepped its authority by rejecting Justice Powell's opinion in "Bakke." Introduces article by Michael Rosman (EA 537 542) that takes strong issue with Daniel and Timken contending…

Notes various omissions in Daniel and Timken's (EJ 591 141) recitation of "Bakke" and "Hopwood." Examines their chief criticism of the "Hopwood" decision: that it overruled "Bakke," and the contention that the Fifth Circuit overruled because it did not have to address the question of whether educational…

Discusses the effects of the federal appellate court decision in "Hopwood v. University of Texas School of Law," which found race-based admissions criteria in violation of the Constitution. Reviews issues related to permissible admissions criteria, punitive damages, class actions, and administrator personal liability. (MAB)

A federal court decision in which the University of Texas was supported in preferential admissions treatment of minority law school applicants is criticized as perpetuating racial discrimination by a state institution. The suit was brought by four white applicants who would likely have been admitted if they were of a preferred racial group but…